Sons of the soil theory gets Supreme flak

TNNFeb 23, 2008, 12.00am IST

NEW DELHI: Terming the recent attacks on north Indians in Mumbai by Maharashtra Navanirman Sena activists as "a dangerous trend'', the Supreme Court on Friday warned that it will not allow the Balkanisation of India.

The strong observations made by the Supreme Court, during the hearing on a set of PILs seeking action against the MNS, is certain to come as a major deterrent for Raj Thackeray, and his uncle Bal Thackeray, in their ongoing campaign against north Indians. The two Thackerays are engaged in competitive politics over projecting themselves as the real champion of the Maratha cause.

A bench comprising Chief Justice KG Balakrishnan, Justice RV Raveendran and Justice Markandey Katju said, "It (attack on north Indians) is a very dangerous tendency. What is happening there (Mumbai), we can understand. These (who were attacked) are innocent people," said CJI, speaking on behalf of the bench.

When petitioner counsel Arvind Shukla pointed out the attacks on taxi drivers by MNS activists in Mumbai, Justice Katju said, "We will not allow Balkanisation of the country. This is one country. Sons of the soil theory is not acceptable here."

The court was hearing two PILs on related issues. While the first, filed by advocate Arvind Shukla had sought direction to the Election Commission to derecognise Mr Raj Thackeray's MNS for his controversial remarks against north Indians, the other one, filed by RU Upadhyay, sought protection for the north Indians in Maharashtra and compensation to those who had suffered the agony of attacks.

The court, however, refused to pass any direction on the ground that the issue was related to the aspect of law and order. "It is a law and order problem, which is a state subject. How can we pass any direction on it?" said the apex court.

It is for the government concerned to deal with it, said the court asking the petitioner whether he had approached Maharashtra government. Petitioner Shukla, however, seeking derecognisation of the MNS, said the recent events in Maharashtra point to total failure of the Centre and MNS' actions were against the provisions of the Constitution.

The court asked the petitioner to approach the Election Commission as the issue of derecognisation of a political party lies with the poll panel. "You (petitioner) can approach Election Commission for the derecognisation of the party," said court refusing to entertain the plea.

Mr Upadhyay, who appeared in person, sought direction to the government to provide shelter to the north Indians in Maharashtra and compensation to those who had been the target of attacks by the MNS activists.The apex court asked the petitioner to approach the Bombay high court as similar issue was pending there.

Mr Shukla had also sought directions to the Centre and state government to take action against Mr Raj Thackeray alleging that his action had endangered the integrity of the nation.Mr Raj Thackeray's remarks were intended to cause hatred among people and if he and his party activists were not checked from indulging in unlawful activities it may lead to the situation of civil war, the petition said.

It had said that such a situation can be prevented if the Election Commission derecognises Mr Raj Thackeray's party, under whose banner the north Indians were attacked in Maharashtra, particularly in Mumbai.